In an opinion filed on Thursday, Judge McMahon granted summary judgment to plaintiffs on their claims that the Government’s April 2025 mass termination of more than 1,400 National Endowment for the Humanities (“NEH”) grants was unconstitutional and ultra vires (see our prior coverage here). The court described a glaring departure from NEH’s established grant‑review process, under which officials affiliated with the Department of Government Efficiency (“DOGE”) directed that grants issued during the Biden Administration be reviewed for purported connections to subjects such as “diversity, equity, and inclusion” (“DEI”), “environmental justice,” and “gender ideology.” The court found that DOGE officials “exercised decisive authority over the selection and termination of NEH grants” absent statutory authority.

Continue Reading “The Devil Made Me Do It” Defense Rejected: Judge McMahon Grants Summary Judgment Against Government’s AI‑Driven Mass Termination of NEH Grants

On Thursday, Judge McMahon granted a motion by a putative class of federal grant recipients to compel the production of certain documents withheld by defendants National Endowment for the Humanities (NEH) and the Department of Government Efficiencies (DOGE) as privileged. The underlying discovery pertains to a class action challenging the mass termination of approximately 1,400 NEH grants last year.

Continue Reading Judge McMahon: DOGE Lacks Statutory Authority to Establish Attorney-Client Privilege with Other Agencies